§ 7-1.2-402 - Fictitious business name.
SECTION 7-1.2-402
§ 7-1.2-402 Fictitious business name.– (a) Any corporation organized and existing under the laws of this state orauthorized to transact business in this state may transact business in thisstate under a fictitious name, provided that it files a fictitious businessname statement in accordance with this section prior to the time it commencesto transact the business under the fictitious name and the fictitious namesatisfied the requirements of subdivision 7-1.2-401(a)(2).
(b) The fictitious business name statement must be filed withthe secretary of state and must be executed by an authorized officer of thecorporation and must state:
(1) The fictitious business name to be used;
(2) The name of the applicant corporation and the state orterritory under the laws of which it is incorporated, the date of itsincorporation, and a brief statement of the business in which it is engaged; and
(3) The address of its registered office within the state.
(c) The fictitious business name statement expires upon thefiling of the statement of abandonment of use of a fictitious business nameregistered in accordance with this section or upon the dissolution of theapplicant corporation.
(d) The statement of abandonment of use of a fictitiousbusiness name under this section may be filed with the secretary of state onforms furnished by the secretary of state and must be executed by an authorizedofficer of the corporation and must state:
(1) The fictitious business name being abandoned;
(2) The date on which the original fictitious business namestatement being abandoned was filed;
(3) The name of the applicant corporation and the state orterritory under the laws of which it is incorporated; and
(4) The address of its registered office within the state.
(e) No domestic or foreign corporation transacting businessunder a fictitious business name contrary to the provisions of this section, orits assignee, may maintain any action upon or on account of any contract made,or transaction had, in the fictitious business name in any court of this stateuntil a fictitious business name statement has been filed in accordance withthis section.
(f) [Deleted by P.L. 2005, ch. 36, § 36 and by P.L.2005, ch. 72, § 36.]